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Land plots without tendering for FEZ participants

This section describes the conditions and procedure for the provision of land to FEZ participants in the territory of the city of Sevastopol without bidding.

The regulatory framework and the specifics of the acquisition of a land plot necessary for the implementation by an FEZ participant of an investment project, on a leasehold basis without tendering, are fixed:

  • the provisions of Article 17 of the Federal Law of 29.11.2014 No. 377-ФЗ "On the Development of the Republic of Crimea and the City of Federal Significance of Sevastopol and the Free Economic Zone in the Republic of Crimea and the City of Federal Significance of Sevastopol" (hereinafter - Law No. 377-ФЗ);
  • the norms of article 39.6 of the Land Code of the Russian Federation;
  • by order of the Ministry of Economic Development of the Russian Federation dated 12.01.2015 No. 1 "On approval of the list of documents confirming the applicant’s right to acquire a land plot without bidding".

In particular, the provisions of Article 39.6 of the RF Labor Code stipulate that a lease contract for a state or municipal land plot is concluded without bidding, including for the implementation of an agreement on the conditions of activity in a free economic zone, concluded in accordance with Law No. 377-FZ .

Moreover, the provision of land to the participants of the FEZ is possible only to organizations (individual entrepreneurs) with whom an agreement has been concluded on the conditions of activity in the FEZ in the city of Sevastopol.

Article 39.8 of the RF Labor Code establishes the specifics of concluding a lease contract for a state or municipal land plot, in particular, such an agreement is concluded for the period when a FEZ participant in the territories of the Republic of Crimea and the city of Sevastopol realizes an agreement on the conditions of activity in a FEZ concluded in accordance with Law No. 377-FZ, if a shorter period is not declared by such a participant.

Moreover, in accordance with paragraph 12 of Article 17 of Law No. 377-ФЗ, in case of termination of the contract on the conditions of activity in the FEZ, the lease of the land plot provided for the implementation by the FEZ participant of the contract on the conditions of activity in the FEZ is subject to termination at the request of the lessor.

The Department of Economic Development of the city of Sevastopol exercises the powers and functions of the authority, including those related to the functioning of the FEZ, the authority to conclude an agreement on the conditions of activity in the FEZ in the city of Sevastopol, and also monitors the fulfillment of obligations of investors under the concluded agreements.

The functions of the Department of Property and Land Relations of the city of Sevastopol include, among other things, the management (disposal) of land plots owned by the city of Sevastopol, with the exception of forest plots.

Search for land necessary for the implementation of investment projects

The norms of the current legislation, including the Land Code of the Russian Federation and the federal legislation on free economic zones, do not establish obligations for authorities to search and select land plots necessary for the implementation of investment projects.

Sources for independent selection of land plots to applicants are:

  • section "Investment cases" on the Investment portal of Sevastopol;
  • search for land using:
    • public cadastral map
    • master plan of the city of Sevastopol

Important! When selecting a land plot, it should be taken into account that not all land plots used by individuals and legal entities are displayed with borders on a public cadastral map, due to the non-appeal of such persons to reissue property (use) rights under the laws of the Russian Federation, to the appropriate land.

Stages of the provision of land, without bidding:

Features of filling out the Investment Declaration and the documentation required to conclude an agreement on the conditions of activity in the FEZ:

  • Information on the proposed land plot is included in paragraph 1.8 and section III of the Investment Declaration;
  • The volume of estimated investment costs associated with the construction of capital facilities on the proposed land should be reflected in the Schedule for capital investments when filling out the Investment Declaration;
  • If it is planned to build housing, then the costs associated with the construction of such objects cannot be taken into account as capital investments, since the construction of residential objects involves the subsequent transfer of ownership of the premises to the acquirers of real estate (buyers of apartments).

When sending the set of documents indicated in the "General Information" section, the applicant must also provide copies of requests and answers from the Department of Property and Land Relations of the city of Sevastopol and the Department of Architecture and Urban Planning of the city of Sevastopol.

Please note that when providing land without tendering, one of the conditions of the relevant contract will be "Schedule for obtaining permits for design and construction".